Questions

Question 1

What are the three things you need to inform the victim before a medical examination?

Answer 1

Explain to the victim:
• That the examination:
o Will be conducted by a medical forensic practitioner specially trained in examining individuals who have been sexually assaulted
o Has potential helth benefits and can help Police obtain evidence to apprehend the offender
• The expected duration of the examination(“a couple of hours”) and, if appropriate, possible outcomes of the examination.

Question 2

131B - when is the offense complete.

Answer 2

• The offence is complete when the parties meet, or the defendant travels or makes arrangements to meet the complainant with the relevant intent. To be intentional the meeting need only be “purposely arranged”. This section is framed in gender-neutral terms.

Question 3

Consent definition

Answer 3

• Consent is a person’s conscious and voluntary agreement to something desired or proposed by another
• Consent must be “full, voluntary, free and informed . . . freely and voluntarily given by a person in a position to form a rational judgement. – R v Cox

Question 4

Define Sexual Connection (S2, CA1961)

Answer 4

a) Connection effected by the introduction into the genitals or anus of one person, except for genuine medical purposes
i) any part of the body of another person, or
ii) any object held or manipulated by another person
or
b) Any connection between the mouth or tongue of one person and any part of the genitals or anus of another
or
c) The continuation of any connection described in paragraphs a or b.

Question 5

Define Unlawful Sexual Connection

Answer 5

Person a has unlawful sexual connection with person b if person a has sexual connection with person b

i) without person b’s consent to the connection
ii) without believing on reasonable grounds that person B was consenting to the connection

Question 6

What is the defence under s134?

Answer 6

• prior to the act, they had taken reasonable steps to ascertain that the young person was at last 16, and
• at the time of the act, they believed on reasonable grounds that the young person was at least 16, and
• the young person consented.

Question 7

Name three circumstances where Police would remove a child from a household:

Answer 7

• In cases involving:
  Serious Wilful neglect
  Serious physical abuse
  Sexual assault
  When a child is witness to a serious assault
  Any allegations made against a CYF carer involving serious physical abuse
  Any allegations made against CYF staff or Police involving serious physical abuse

Question 8

S195 CA 1961, What is necessary to prove criminal liability in failing to protect a child…

Answer 8

• the offence applies to members of the same household as the victim
• the offender must be 18 years or over

KNOWS (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the unlawful acts or omissions of another person; and
FAILS (actus reus) to take reasonable steps to protect the victim from that risk

Question 9

In what other ways can a witness give evidence?

Answer 9

• while in the courtroom but unable to see the defendant or some other specified person (Screens)
• from an appropriate place outside the courtroom, either in New Zealand or elsewhere (CCTV)
• by a video record made before the hearing of the proceeding (DVD)

Question 10

What are the three areas to consider in determining whether physical abuse is serious and there meets the threshold for referral as a CPP case?

Answer 10

• the action of the abuse
• the injury inflicted, and
• the circumstances (factors of the case)

Question 11

Before attending a MEK, what sound you remind the victim?

Answer 11

• no eating or drinking
• no going to the toilet (if necessary, use a toxicology kit to capture uring and ask the female victim not to wipe)
• no washing or showering
• no washing of hands or biting fingernails

Question 12

When is the offence of having exploitative sexual connection with a person with a significant impairment complete:

Answer 12

(a) ​has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and
(b) ​has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

Question 13

3 types of ASAI complaint types are?

Answer 13

Acute, Non acute & Historic

Question 14

What is the principle difference between rape & unlawful sexual
connection?

Answer 14

“Rape” is a specific form of unlawful sexual connection that involves the penetration of the complainant’s genitalia by the offender’s penis.

Question 15

In practice what is the best evidence that should be used as proof of a child’s age?

Answer 15

R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by
the prosecution in proof of the victim’s age.
In practice, this generally involves producing the victim’s birth certificate in
conjunction with independent evidence that identifies the victim as the
person named in the certificate.
Ideally the independent evidence will be that of a parent, but that will not
always be possible.

Question 16

What is the purpose of a preliminary interview?

Answer 16

The purpose of a preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to determine:
• What further investigative actions are necessary
• Whether an offence may have occurred, and
• Whether the victim wishes to make a formal complaint.

Question 17

To be guilty of attempted sexual violation, what must the Crown prove?

Answer 17

The Crown must prove that at the time of the defendant’s conduct
he:
• intended to have sexual connection with the complaiant, and
• The complainant did not consent to the intended sexual connection, and
• The defendant did not believe on reasonable grounds that the complainant was consenting.

Question 18

Statutory Defence – s134A C.A 1961. What is the defence under s134 C.A 1961?

Answer 18

(1) It is a defence to a charge under s134 if the person charged
proves that, -

a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and

b) at the time of the act concerned, he/she believed on reasonable grounds that the young person was of or over that age of 16 years; and
​
c) the young​ person consented

Question 19

Discuss whether a 16-year-old girl can be charged with having consensual sex with a 14-year-old boy?

Answer 19

Yes, the girl can be charged as it is the offence of sexual conduct with a
young person under 16 years (s134(1), C.A 1961).

Question 20

In negating consent, the Crown has to prove one of three things. List the three things.

Answer 20

In proving that consent was not present in a case of sexual violation, the Crown must prove that:
• the victim did not consent, or
• the victim’s consent was not valid, or
• the defendant did not believe on reasonable grounds that the victim was consenting​
​

Question 21

(3) What is the defence under s134?

Answer 21

(1) It is a defence to a charge under s134 if the person charged
proves that, -
a) b4 the time of the act concerned, he/she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
b) at the time of the act concerned, he/she believed on reasonable grounds that the young person was of or over that age of 16 years; and
c) the young person consented

Question 22

Outline the definition for s128A, C.A 1961?

A person does not consent to sexual activity under certain circumstances. Matters that do not constitute consent:

Answer 22

• not protesting or offering physical resistance use of force, threats of force, or fear of force
• asleep or unconscious
• so affected by alcohol or drugs they cannot consent
• so affected by their mental or physical impairment they cannot consent
• mistaken ID
• mistaken as to the nature and quality of the act

Question 23

In certain circumstances s87 Evidence Act 2006, the Judge can ask the witness to state their address details. In what circumstances will this
occur?

Answer 23

if the judge is satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interest of justice.

Question 24

When is the offence of sexual grooming, s131B(1)(a), C.A 1961 complete?

Answer 24

• when the offender intentionally meets the young person
• when the offender travels with intention of meeting the young person
• when the offender arranges for or persuades the young person to travel
with the intention of meeting him or her

Question 25

R v LEESON?

Answer 25

The definition of ‘indecent assault’…is an assault accompanied with circumstances of indecency…(R v Leeson)

An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

Question 26

Outline the ingredients for Indecent Assault – Section 135, C.A

Answer 26

​1.1 Everyone who
​1.2 Indecently Assaults
​1.3 Another person

Question 27

At what age does a file become an ASAT file?

Answer 27

17 years or older at the time of making the complaint NOT 16

Question 28

What are the three categories of file in relation to ASA?

Answer 28

Acute/non-acute/historic

Question 29

R v LEESON?

Answer 29

The definition of ‘indecent assault’…is an assault accompanied with circumstances of indecency…(R v Leeson)

An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.